In Palm Bay, Florida, many of the complications that sometimes come with a will, such as would-be beneficiaries challenging its validity, or devises which don't make it clear who gets what (resulting in costly and time-consuming litigation) can be avoided if the will is well-drafted in the first place.
Usually, the larger your estate, and the more separate devises you want to make, the more complex the process of drafting your will is going to be. For most people, however, the process can be fairly simple.
But be warned: even a relatively simple will can encounter problems in the drafting process, which can cause problems later on. An efficient Palm Bay, Florida lawyer will greatly reduce the chances of this happening, if they help you in the process of robust will preparation.
Most of the complications that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly perplexing, but they have to be followed to the letter if a will is to be valid. Typically, wills have to be witnessed and signed by at least 2 people, and it must include a clear statement that the document is, in fact, a will. You should choose the witnesses carefully, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in Palm Bay, Florida
In some states, you can make what is identified as a "holographic will." This is simply a will which is handwritten, in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Holographic wills are normally construed very broadly. Knowing that it was not written by an expert, a court will typically look at the common definition of words, and use other common-sense principles when it comes to interpreting a holographic will. This is necessary to avoid conflicts, and increase the chances that the testator's wishes are honored.
You should be aware that not all states recognize holographic wills. In such states, you can of course still handwrite your will if you want. But for the will to be valid, it has to be accompanied by all the formalities (including witnesses) needed for any other will.
If your state recognizes them, a holographic will might be a reasonable option if you have a very small estate, and wish to make very simple devises. However, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.
How Can A Palm Bay, Florida Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is typically a good idea to have a Palm Bay, Florida attorney help you make it, or at least go over it after you have written it, to make sure there aren't any problems with it.
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